Showing posts with label sean fitzpatrick. Show all posts
Showing posts with label sean fitzpatrick. Show all posts

Tuesday, July 31, 2012

The Sub Judice Rule and Public Debate

Thirteen years ago, the late Charles J Haughey was sweating. It had been almost ten years since he had been in office, but his financial affairs were being carefully unpicked.  He found himself in the High Court, charged with obstructing the work of the McCracken tribunal.  Within twelve months, however he was off the hook.  Some pamphlets had been issued campaigning to 'jail the corrupt politicians', and then Tánaiste Mary Harney had said effectively the same.  The High Court upheld the claim that the comments had created a 'prejudicial climate', and while there was a 'fade factor' that would allow the effect to dissipate over time, potentially allowing a retrial, Haughey never again went before the courts, and died without any judgement being passed on him in 2006.